DISPENSASI PERKAWINAN DALAM PERSPEKTIF UNDANG-UNDANG PERKAWINAN

Abstract

The provisions of marriage in Islamic sharia are regulated in the Fiqh of Munakahat. Whereas in Indonesia's positive law, the provisions regarding marriage have been regulated in Law No.1 of 1974, with Government Regulation number 9 of 1975 as a guideline for its implementation. According to Law No.1 of 1974 that "marriage is a physical bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the One". To get the results of research researchers used a normative juridical qualitative approach and used qualitative research types. The data sources used are primary data sources and secondary data. The collection technique is by observation, interview and documentation. Technical analysis of data by reducing data, presenting data, verifying and conclusions. The results showed that the process of filing and completing a request for a Marriage Dispensation case in the Religious Court was the same as another lawsuit. With the granting and rejection of the Marriage Dispensation, it will have legal consequences as a result of the legal consequences of the petition being granted, the applicant's child can have a marriage at KUA and the marriage can be declared valid by law. While the legal consequences for the refusal of the petition is that the applicant's child cannot carry out a marriage in the KUA.